Gyan Dhwaj School vs The Presiding Officer on 5 February, 2009

             IN THE HIGH COURT OF PUNJAB AND HARYANA
                      AT CHANDIGARH
                                   C.W.P. No. 1905 of 2009.
                              Date of Decision : February 05, 2009.

Gyan Dhwaj School.                                             .... Petitioner.
                                    Versus.

The Presiding Officer, Labour Court, Ambala and another.       ...Respondents.

CORAM: HON’BLE MR. JUSTICE AUGUSTINE GEORGE MASIH.

Present:     Mr. Jasmeet Singh Bedi, Advocate,
             for the petitioner.

AUGUSTINE GEORGE MASIH, J. (ORAL).

In the present writ petition, the challenge has been made to an

award dated 06.02.2008 (Annexure-P-2), vide which the reference was

answered in favour of the workman holding him entitled to reinstatement

with continuity of service and full back wages.

Counsel for the petitioner states that the respondent-workman

was an Accountant and not employed with the petitioner-institution and was

doing independent work for various institutions. There is no document

which has been placed on record to substantiate this contention raised by the

petitioner. He further contends that he has not completed 240 days in the

preceding 12 months. It goes without saying that the statement of the

workman which has been relied upon by the Court clearly indicates that he

has been working with the petitioner-institution for the last three years before

his termination.

Counsel for the petitioner contends that this was an ex-parte

award which was given against the petitioner wherein initially the petitioner

had put in appearance before the Labour Court, Ambala, through an

employee who left the institution without intimating the proceedings which
C.W.P. No. 1905 of 2009. -2-

were pending before the Labour Court and therefore, subsequently they

could not put in appearance before the Labour Court. He further contends

that on coming to know about the award having been passed, the petitioner

decided to comply with the said award and accordingly issued letters dated

15.10.2008, 23.10.2008 and 01.11.2008 calling upon the workman to join

duty as per the award but the workman has not come present till date. He

further contends that the authorities under the Industrial disputes Act have

also been intimated about the intention of the petitioner to comply with the

award passed by the Labour Court, Ambala. He contends that now

proceedings for execution of the award has been launched against the

petitioner and a decision has been take to prosecute the petitioner. He

contends that since the petitioner is ready and willing to comply with the

award, the prosecution is not called for.

A perusal of the records would show that no document has been

placed on record that prosecution has been initiated against the petitioner.

Pleadings to this effect are also not present in the present writ petition,

therefore, no cognizance of the same can be taken, however, since the

petitioner has already taken a decision to implement the award, therefore, no

interference in the present writ petition is called for. No illegality has been

pointed out by the petitioner which would persuade this Court to interfere in

the present writ petition.

Finding no merit in the present writ petition, the same stands

dismissed.

(AUGUSTINE GEORGE MASIH)
JUDGE
February 05, 2009.

sjks.

C.W.P. No. 1905 of 2009. -3-

and